A much-publicised statement of south Indian film actress Khusboo on pre-marital sex,virginity and live-in relationships came for some favourable comments from the Supreme Court, which said there was nothing illegal in live-in relationships between adults. When Khusboos counsel Pinky Anand read out a portion of her interview to a fortnightly magazine whose translated version in a Tamil newspaper created pandemonium and led to filing of 23 complaint cases against her all over the country,the court wanted to know from the complainants as to what was so abhorrent in her view. According to an agency report,the court drew on the mythology of Radha and Krishna living together to substantiate its point.
When they argued that it was virtually inducing others to commit an illegality,a Bench comprising Chief Justice K G Balakrishnan and Justices Deepak Verma and B S Chauhan shot back saying in that case they should also sue the apex court,which has held live-in relationship between adults as legal. Referr-ing to the development of law with the dynamics of social behaviour,the Bench also referred to the recent judgment of Delhi High Court legalising consensual sexual relation between adults falling in the category of lesbian,gay,bi-sexual and transgender (LGBT) group.After a day-long hearing,the Bench reserved its verdict on Khusboos appeal.
With the actress sitting in the front row and appearing to be immersed in the interesting arguments and exchange of views,her counsel Anand said her clients comments in 2005 to a news magazine was in response to a survey on premarital sex in big cities in India and was a bonafide opinion. The Madras High Court,reflecting on the hue and cry raised in Tamil Nadu over the controversial comments, had refused to stay the proceedings in trial courts in the 23 complaint cases. Terming the complaints as false,frivolous and malafide,Anand said her clients fundamental rights of freedom of speech and expression could not be curtailed by persons with vested interest,who had systematically unleashed a series of complaints against her. Khusboo said her comments to the news magazine were distorted by the local media in Tamil Nadu and published in a manner making it appear provocative and misleading.
The petitioner understands and believes that the issue has been twisted by persons having inimical feelings towards her as a measure to meet their selfish and vested motives, the actress alleged in her petition.
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Kicking daughter-in-law no offence - Apex Court Ready To Reconsider Its Ruling With NCW Filing Curative Petition
After stirring a controversy by ruling that a mother-in-law who kicks her daughter-in-law or keeps threatening her with divorce attracts no punishment for engaging in cruelty under Section 498A of Indian Penal Code, the Supreme Court has agreed to reconsider its judgment given last year in a matrimonial dispute case. Immediately after the pronouncement of verdict on July 27, 2009, women's organisations had raised a banner of dissent. The lead was taken by CPM leader Brinda Karat who met law minister Veerappa Moily and urged him to take steps to correct the flaw in the "retrograde"judgment. The National Commission for Women (NCW),through counsel Aparna Bhat,moved a curative petition requesting reconsideration of the judgment in the case between Bhaskar Lal Sharma and his daughter-in-law Monica. Curative petitions normally have a 99% failure rate in the apex court. The NCW said the SC ruling that kicking a daughter-in-law by mother-in-law and constant threat by parents-in-law that they would convince their son to take divorce did not amount to cruelty as defined under 498A of the IPC would defeat the very purpose of the provision to protect women from cruelty and harassment in matrimonial homes.
A Bench comprising Chief Justice K G Balakrishnan and justices S H Kapadia,Altamas Kabir and Cyriac Joseph issued notice to both parties -- Sharma and Monica. This means the curative petition will now be heard in open court for the parties to point out the anamoly in the July 27 ruling and suggest corrective measures.The NCW had reflected the views of Karat expressed in her letter to Moily.The CPM leader had said the apex court's decision would only "further deepen the miseries of women and undo the effect of various legislations passed for the emancipation of women". "Such a judicial under-standing of cruelty will be a licence for domestic violence, both mental or physical. It may also encourage wife-beaters. If unchallenged, it will undo the positive steps taken by government and Parliament to provide a just legal framework to address the increasing number of cases of domestic violence and protect the lives and dignity of women within the domestic sphere, "Brinda had said. The NCW said in its petition,"The manner in which 'cruelty' is defined makes it clear that each condition is exclusive to each other. Hence,section 498A is not confined to dowry demand.It includes demand for dowry and resultant harassment caused to women but also includes cruelty in matrimony caused to the women without the demand for dowry." In this case, Monica had filed cases of cruelty and breach of trust against her South-Africa based husband Vikas Sharma, his parents Bhaskar Lal and Vimla. Monica had filed cases under Section 498A and 406 (breach of trust) against the husband and in-laws.
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Unruly air passengers will be tried under Indian laws
The Directorate General of Civil Aviation (DGCA) is mulling new rules to punish unruly air passengers with a one-year jail term. Legally speaking, three activities, smoking, having alcohol (domestic flights only) and using mobiles are banned in an aircraft. But there is at present no written rule that forbids passengers from harassing or assaulting crew members or other passengers. Similarly, there have been instances where unruly passengers were handed over to the police only to be told later that since their rowdy behaviour happened in foreign airspace,they cannot be tried under Indian laws. DGCA chief Nasim Zaidi is learned to have modelled the rules on the lines of international best practices and recommendations of the International Civil Aviation Organization.Accordingly, DGCA proposes to amend Aircraft Act 1934 by inserting specific clauses that prohibit passengers from threatening, either verbally or physically or assaulting crew or doing any thing that prevents the crew from discharging their duty.Similarly,the new rule will stipulate that passengers cannot do anything barred by the commander that could affect flight safety. Under the proposed changes, if a passenger on a non-stop New York-Delhi flight tries to outrage the modesty of an air hostess over the Atlantic,he would be handed over to the police here and tried under the new rules.This amendment could help air hostesses as there have been instances where airlines have advised them against filing complaints to avoid getting a "passenger-unfriendly'' image. "Since there is no specific law at present,we are told that filing a complaint will not lead to any real action,so why bother.Passengers try to touch us as they feel buying an airline ticket gives them the right to do so.Some airlines have male cabin crew and we tell them to serve those passengers,but many carriers now fly with an allair hostess team and there even this defence is not available,'' complained a 24-year-old air hostess.
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(source-toi)
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